RCW 43.21A.175
Environmental certification programs—Fees—Rules—Liability.
(1) At the request of a project proponent, the department shall consider information developed through a certification program when making permit or other regulatory decisions. The department may not require duplicative demonstration of such information, but may require additional information as necessary to assure that state requirements are met. A local government that has a regulatory authority delegated by the department may use information developed through a certification program when making permit or other regulatory decisions.
(2) The department shall develop a certification program for technologies for remediation of radioactive and mixed waste, as those terms are defined in chapter 70A.300 RCW, if all program development and operational costs are paid by the federal government or persons seeking certification of the technologies.
(3) Following the development of the certification program in subsection (2) of this section, the department may use the policies and procedures of that program on a pilot basis to evaluate the use of certification for site remediation technologies and other environmental technologies, if the operational costs of the certification are paid by the federal government or persons seeking certification of such technologies.
(4) The department shall charge a reasonable fee to recover the operational costs of certifying a technology.
(5) Subsections (1), (3), and (4) of this section apply to permit and other regulatory decisions made under the following: Chapters 70A.15, 70A.205, 70A.300, 70A.305, 70A.25, 70A.315, 90.48, 90.54, and 90.56 RCW.
(6) For the purposes of this section, "certification program" means a program, developed or approved by the department, to certify the quantitative performance of an environmental technology over a specified range of parameters and conditions. Certification of a technology does not imply endorsement of a specific technology by the department, or a guarantee of the performance of a technology.
(7) The department may adopt rules as necessary to implement the requirements of subsections (2) and (3) of this section, and establish requirements and procedures for evaluation and certification of environmental technologies.
(8) The state, the department, and officers and employees of the state shall not be liable for damages resulting from the utilization of information developed through a certification program, or from a decision to certify or deny certification to an environmental technology. Actions of the department under this section are not decisions reviewable under RCW 43.21B.110.
[ 2020 c 20 § 1031; 1997 c 419 § 2.]
Structure Revised Code of Washington
Title 43 - State Government—Executive
Chapter 43.21A - Department of Ecology.
43.21A.005 - Intent—Public involvement and outreach.
43.21A.040 - Department of ecology—Created.
43.21A.061 - Powers and duties—Reclamation.
43.21A.064 - Powers and duties—Water resources.
43.21A.067 - Water resources—"Basic data fund" created.
43.21A.068 - Federal power act licensees—Exemption from state requirements.
43.21A.069 - Powers and duties—Flood control.
43.21A.070 - Application of administrative procedure act to the review of decisions by director.
43.21A.080 - Rule-making authority.
43.21A.081 - Five-year formal review process of existing rules.
43.21A.087 - Technical assistance officer and units—Authority to issue orders or assess penalties.
43.21A.120 - Director to employ personnel—Application of state civil service law.
43.21A.130 - Studies—Limitations.
43.21A.140 - Director to consult with department, state board of health.
43.21A.155 - Environmental excellence program agreements—Effect on chapter.
43.21A.160 - Request for certification of records as confidential—Procedure.
43.21A.165 - Environmental technology—Review of certification programs—Demonstration activities.
43.21A.175 - Environmental certification programs—Fees—Rules—Liability.
43.21A.235 - Exemption from laboratory certification and fee requirements.
43.21A.350 - Master plan of development.
43.21A.355 - Master plan of development—Public hearings.
43.21A.405 - Marine pollution—Baseline study program—Legislative finding and declaration.
43.21A.415 - Marine pollution—Baseline study program—Scope of database produced.
43.21A.420 - Marine pollution—Baseline study program—Priority factors.
43.21A.470 - Yakima enhancement project—Duties—Request for congressional authorization for pipeline.
43.21A.510 - State environmental profile.
43.21A.520 - Environmental excellence awards program for products.
43.21A.600 - Powers and duties—Electric power resources.
43.21A.605 - Development of electric power resources—Cooperation with governmental units.
43.21A.610 - Steam electric generating plant—Study—Construction.
43.21A.616 - Steam electric generating plant—Eminent domain.
43.21A.620 - Steam electric generating plant—Revenue bonds and warrants.
43.21A.622 - Steam electric generating plant—Special funds—Payment of bonds, interest.
43.21A.624 - Steam electric generating plant—Considerations in issuance of bonds, limitations.
43.21A.628 - Steam electric generating plant—Sale of bonds.
43.21A.632 - Steam electric generating plant—Rates or charges.
43.21A.634 - Steam electric generating plant—Refunding revenue bonds.
43.21A.636 - Steam electric generating plant—Signatures on bonds.
43.21A.640 - Steam electric generating plant—Bonds are legal security, investment, negotiable.
43.21A.650 - Freshwater aquatic weeds account.
43.21A.660 - Freshwater aquatic weeds management program.
43.21A.662 - Freshwater aquatic weeds management program—Advisory committee.
43.21A.667 - Aquatic algae control account—Freshwater and saltwater aquatic algae control program.
43.21A.680 - Solid waste plan advisory committee abolished.
43.21A.681 - Geoduck aquaculture operations—Guidelines—Rules.
43.21A.690 - Cost-reimbursement agreements.
43.21A.700 - Transfer of ownership of department-owned vessel—Review of vessel's physical condition.
43.21A.702 - Transfer of ownership of department-owned vessel—Further requirements.
43.21A.730 - Office of Chehalis basin.
43.21A.732 - Chehalis basin strategy.
43.21A.733 - Chehalis basin account.
43.21A.734 - Chehalis basin taxable account.
43.21A.735 - Cannabis science task force.
43.21A.736 - Cannabis product testing—Fees—Rules.
43.21A.740 - Environmental justice obligations of the department of ecology.
43.21A.900 - Chapter to be liberally construed.
43.21A.910 - Savings—Permits, standards not affected—Severability—Effective date—1970 ex.s. c 62.